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Patna High Court

Shibu Kumar @ Shiv Nandan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted as the offences under Sections 4(2) and 8 of the POCSO Act are grave and the evidence, including the victim’s statement and medical report, warranted the continuation of custody.

Summary

The petitioner, Shibu Kumar, was arrested on 5 January 2026 in connection with a case alleging that he kidnapped a six‑year‑old boy and sexually assaulted him, recording the act. The prosecution presented the victim’s statement recorded under Section 183 of the BNSS, 2023 and a medical report supporting the allegation. The petitioner’s counsel argued that he has a clean record, was not named in the FIR, and that the charges are fabricated. The court examined the seriousness of the offences under Sections 4(2) and 8 of the POCSO Act, the corroborative medical evidence, and the risk of tampering with evidence. Concluding that the nature of the crime warranted continued detention, the court refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case involving kidnapping and rape of a minor under the POCSO Act.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • kidnapping
  • child sexual abuse
  • medical evidence
  • serious offence
  • court refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32729 of 2026
                      Arising Out of PS. Case No.-472 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Shibu Kumar @ Shiv Nandan Kumar S/o Ashok Panti @ Ashok Tanti R/o vill
                 - Jitpur, P.S.- Bakhri, Distt.- Begusarai

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/o Satnudhar Tanti R/o vill - Jitpur, ward no. 7, P.S.- Bakhari, Distt.-
                 Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Yadav, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                    Heard Mr. Ramakant Yadav, learned counsel for the

                   petitioner and Mr. Jagdhar Prasad, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.01.2026 in connection with Bakhri P.S. Case No. 472 of

                   2025, F.I.R. dated 26.12.2025 for the offences punishable under

                   Sections 4(2) and 8 of the POCSO Act.

                               3. According to prosecution case, this petitioner has

                   kidnapped minor son of the informant aged about 6 years and

                   committed rape upon him and also recorded the whole incident.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
            Patna High Court CR. MISC. No.32729 of 2026(2) dt.13-05-2026
                                                        2/2




                      implicated in the present case. The allegation as alleged in the

                      FIR is false and fabricated and the petitioner has not committed

                      any offence as alleged in the FIR. In fact, the petitioner is not

                      named in the FIR.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the petitioner has kidnapped the minor son of the

                      informant and committed wrong with the victim who is 6 years

                      old and his statement has been recorded under Section 183 of

                      the BNSS, 2023 in which he has categorically stated that the

                      petitioner has made physical relation with him. Apart from that

                      the medical report of the victim also supports the allegation as

                      alleged in the FIR.

                                   6. Considering the aforesaid facts and circumstances,

                      I am not inclined to enlarge the petitioner on bail in connection

                      with Bakhri P.S. Case No. 472 of 2025 pending in the court of

                      learned District Additional Sessions Judge-VI-cum-Special

                      Judge, POCSO Act, Begusarai, District- Begusarai.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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